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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has just been stopped by Police in an unmarked car in

Resolved Question:

My son has just been stopped by Police in an unmarked car in his Navara pickup which was full of logs. He was taken to a weighbridge and found to be 6.25% over the weight and fined £100. My son says the Police car did not flash any blue lights - he had been at a petrol station there was a Police motorbike rider who didn't say anything. Then as he pulled out to the nearby cross roads/traffic lights which were at red the unmarked Police vehicle pulled alongside and waved him to stop and told him to follow to weighbridge. Did they have the right to stop without making any indication by flashing blue lights in some way?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this
Alex Watts : for now please confirm there Is no allegation for fail to stop?
Customer:

no there isn't an allegation for fail to stop - he was at traffic lights by the petrol station (there is dual carriageway for right turning traffic) he was in lane to go straight on.

Customer:

The unmarked car pulled alongside him without blue lights flashing and the officer person wound down his window and indicated for son to pull over.

Customer:

then escorted son to a weighbridge

Alex Watts : And he accepts there were officers that gave him the ticket?
Customer:

He says it was police officers

Alex Watts : And he has a ticket or fixed penalty?
Customer:

We are in Tadcaster and the North Yorks Police have their traffic unit based here

Customer:

He says fixed penalty

Customer:

£100

Customer:

fine

Alex Watts : ok. Then the fact blue lights were not used makes no difference.
Alex Watts : If it had been the case they said he failed to stop that would be different.
Alex Watts : But the police do not need to have blue lights to pull someone over.
Alex Watts : Often they do.
Alex Watts : But the fact he pulled over and was given a fixed penalty or something other than fail to stop makes no difference
Alex Watts : If he does not accept the fixed penalty it will go to court.
Customer:

ohhhhh righteo - we thought that blue lights had to be shown to make it a legal stop but apparently not then

Alex Watts : All the court will be concerned about was whether or was overweight or not
Alex Watts : Can I clarify anything for you about this today please?
Customer:

can he appeal against it because the Police Motorbike rider saw my son in his vehicle and did not do anything but drove off

Alex Watts : No.
Alex Watts : If you contest it the matter will go court
Alex Watts : The court will only be concerned whether or not he was overweight or not.
Alex Watts : But you can't appeal a fixed penalty and keep it out of court.
Alex Watts : I am sorry
Customer:

righteo thank you for your time.

Alex Watts : Can I clarify anything else for you?
Customer:

at least we know how he stands

Customer:

thankyou

Alex Watts : Indeed.
Customer:

Goodbye

Alex Watts : If I could ask you to rate my answer before you go, the button should be at the bottom of the screen.
Alex Watts : If you need more help please click reply
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